ALHAJI SALISU BABUGA VS THE STATE
July 4, 2025JOSEPH ODOGU VS ATTORNEY-GENERAL OF THE FEDERATION & ORS
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 31137
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Mon Jul 8, 1996
Suit Number: SC.1 44/1990
CORAM
M.L. UWAIS
A.B. WALI
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
GBADAMOSI RABIU APPELLANTS
SILIFATU ABASI RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The property in dispute belonged to one Madam Ayisatu Awape. In 1952 the property was pulled down and was re-developed into a four storey building with money allegedly provided by the appellant. After the death of Madam Awape, there was a disagreement between the appellant and the respondent on the question whether the aforesaid property should be inherited by the appellant alone or by the appellant and the respondent.
HELD
The appeal succeeds and it is hereby allowed The appellant is hereby awarded N500 as costs in the court below and N 1,000.00 as costs in this court.
ISSUES
Whether the children of a person, who does not survive his parent that has died intestate, are entitled, under Yoruba customary law, to share the property of their father’s parent with the surviving children of their father’s parent.
RATIONES DECIDENDI
THE EFFECT OF IMPROVEMENT OF FAMILY PROPERTY CUSTOM MUST BE PROVED/JUDICIALLY NOTICED
The onus is on a party who relies on a custom to plead and establish it by evidence as it is a question of fact. It can be judicially noticed if it has been so often proved, pronounced and acted upon by court of superior or co-ordinate jurisdiction in the same area to such an extent that it can be said that it has acquired notoriety. See Romaine v. Romaine, (1992) 4 NWLR (Pt.238) 650. There is, however, an authority for the proposition that, contrary to the contention of the learned counsel for the appellant, a customary law can be judicially noticed on the basis of a single decision of a court of superior jurisdiction.
CASES CITED
Shelle v. Chief Asajon of Oloja Ereko II, (1957) SCNLR 286; (1957)2 FSC. 65.|Kimdey v. Military Governor, Gongola State (1988) 2 NWLR (Pt.77) 445.|Romaine v. Romaine, (1992) 4 NWLR (Pt.238) 650.|Olagbemiro v. Ajagungbade III (1990) 3 NWLR (Pt.136) 37.
STATUTES REFERRED TO
None.|
